Law Commons^™

Health Care Reform & Antitrust Enforcement—A Cure For Health Plan Merger Market Definition Under A Post-Health Care Reform Regime, Daniel C. Fundakowski

Saint Louis University Law Journal

No abstract provided.

Missouri’S Unemployment Crisis: The Labor And Industrial Relations Commission Ignores The Missouri Supreme Court, Anthony G. Laramore

Saint Louis University Law Journal

No abstract provided.

Masthead

Saint Louis University Law Journal

No abstract provided.

Some Think Of The Future: Internet, Electronic, And Telephonic Labor Representation Elections, Sara Slinn, William A. Herbert

Saint Louis University Law Journal

Amid the scholarly dialogue regarding amending labor certification procedures, there have been calls for the adoption of Internet, electronic, and/or telephonic representation voting (“IETV”) procedures in representation elections. To date, most labor relations agencies in the United States and Canada have not implemented IETV. Three notable exceptions are the National Mediation Board (“NMB”) and the Federal Labor Relations Authority (“FLRA”) in the United States, and the Canada Industrial Relations Board (“CIRB”). This Article explores the strengths and weaknesses of IETV and the potential for wider adoption of this technology in the representation election context. The Article examines NMB’s rationale in …

Hats Off To Them: Muslim Women Stand Against Workplace Religious Discrimination In Geo Group, Nathan K. Bader

Saint Louis University Law Journal

No abstract provided.

Grappling With Online Work: Lessons From Cyberlaw, Alek Felstiner

Saint Louis University Law Journal

Employment law is currently unequipped to decide rights and obligations in many online work scenarios. We simply do not know how the courts will address the dramatic divergence between existing law and the realities of the modern online workforce. But, it is worth remembering that courts have already grappled extensively with the general question of how to apply existing rules to the Internet. Cases dealing with online property, contract, tort, and crime can help us project how courts might approach the novel and perplexing questions sure to arise in online work disputes.

This Article identifies three basic approaches: (1) the …

The Delinquent State: Illinois And Compliance With Workers’ Compensation Judgments, Michelle M. Rich

Saint Louis University Law Journal

No abstract provided.

A Data-Driven Snapshot Of Labor And Employment Law Professors, Richard A. Bales

Saint Louis University Law Journal

This Article provides a data-driven snapshot of the law school faculty members who teach Labor and Employment Law. Among its findings are the following:

• The teaching of Labor Law is declining and the teaching of Employment Law is rising.
• Men dominate the teaching of Labor Law, but women have mostly narrowed the gap in Employment Law.
• The other courses taught by Labor and Employment Law faculty members are highly sex-segregated. For example, Employment Law faculty members who also teach Family Law or Property are overwhelmingly likely to be women, and Employment Law faculty members who also teach Constitutional Law, Civil …

Blow The Whistle At Your Own Risk: Erisa’S Retaliation Provision And The Dilemma Of The “Unsolicited Internal Complaint”, Michael C. Ross

Saint Louis University Law Journal

No abstract provided.

The "R-Word": A Tribute To Derrick Bell, Kenneth B. Nunn

University of Florida Journal of Law & Public Policy

No abstract provided.

Allotment Of Justice: How U.S. Policy In Indian Country Perpetuates The Victimization Of American Indians, Elise Helgesen

University of Florida Journal of Law & Public Policy

No abstract provided.

Negotiating Social Mobility And Critical Citizenship: Institutions At A Crossroads, Michelle D. Deardorff, Angela Mae Kupenda

University of Florida Journal of Law & Public Policy

No abstract provided.

The Internal Revenue Code And Latino Realities: A Critical Perspective, Leo P. Martinez, Jennifer M. Martinez

University of Florida Journal of Law & Public Policy

No abstract provided.

Fostering Race-Related Dialogue: Lessons From A Small Seminar, Jonathan R. Cohen

University of Florida Journal of Law & Public Policy

No abstract provided.

Talking About Race And Equality, Sharon E. Rush

University of Florida Journal of Law & Public Policy

No abstract provided.

First Amendment Investigations And The Inescapable Pragmatism Of The Common Law Of Free Speech, Lawrence Rosenthal

Indiana Law Journal

No abstract provided.

The Costs Of Heightened Pleading, Alexander A. Reinert

Indiana Law Journal

In Conley v. Gibson, the Supreme Court announced its commitment to a liberal pleading regime in federal civil cases, and for decades thereafter was steadfast in resisting ad hoc heightened pleading rules adopted by lower courts. Thus, from 1957 until a few years ago, most litigants could count on surviving a motion to dismiss a complaint for failure to state a claim so long as their pleading provided some minimal notice to the defendant of the nature of their claim. Enter Ashcroft v. Iqbal and Bell Atlantic Corp. v. Twombly. Iqbal and Twombly, by many accounts, two-stepped the Court from …

Domestic Violence And State Intervention In The American West And Australia, 1860-1930, Carolyn B. Ramsey

Indiana Law Journal

This Article calls into question stereotypical assumptions about the presumed lack of state intervention in the family and the patriarchal violence of Anglo- American frontier societies in the late nineteenth and early twentieth centuries. By analyzing previously unexamined cases of domestic assault and homicide in the American West and Australia, Professor Ramsey reveals a sustained (but largely ineffectual) effort to civilize men by punishing violence against women. Husbands in both the American West and Australia were routinely arrested or summoned to court for beating their wives in the late 1800s and early 1900s. Judges, police officers, journalists, and others expressed …

Signing Unconstitutional Laws, William Baude

Indiana Law Journal

It has become fairly common for Presidents to sign laws that they think are unconstitutional, at least in part. Some scholars argue that this is unconstitutional. Others defend it, but on pragmatic grounds, as if one cannot afford to be a constitutional formalist in today’s government.

Both sides are wrong. In a wide range of cases, there is nothing wrong with signing unconstitutional laws. Indeed, it is required. Yet the President must exercise this power responsibly. He must have other constitutional duties that justify signing the remainder of the bill into law, and he must be prepared to use his …

Religion, Politics And American Foreign Policy In The Middle East, Robert A. Sedler

Law Faculty Research Publications

In the United States, religion and politics are intertwined. This entwinement helps to explain America's strong and unwavering support for Israel. Jewish-Americans, virtually across the board, are strong supporters of Israel, despite strong disagreement over a solution to the Israeli-Palestinian conflict.

The influence of Jewish-Americans on American foreign policy in the Middle East is primarily by way of Jewish strength in the Democratic party. Not only do Jewish-Americans strongly support Democratic candidates in all elections, but all but one of the disproportionately high number of Jewish Senators and Representatives in Congress are Democrats.

The Republicans are also strong supporters of …

How Serpentine Districts Became Law: Michigan Redistricting In 2011, Jocelyn Benson

Law Faculty Research Publications

No abstract provided.

Reviewing Associational Freedom Claims In A Limited Public Forum: An Extension Of The Distinction Between Debate-Dampening And Debate-Distorting State Action, Alan Brownstein, Vikram Amar

UC Law Constitutional Quarterly

In this article, Professors Brownstein and Amar critically examine the important freedom of association and viewpoint discrimination arguments raised in the Christian Legal Society v. Martinez case. The authors agree with the Christian Legal Society ("CLS") that the Hastings nondiscrimination policy imposes serious burdens on the associational freedom of registered student groups ("RSOs") at the law school. To determine if that policy is constitutional, however, it is necessary for the Supreme Court to determine for the first time the extent to which freedom of association receives first amendment protection in a limited public forum. That analysis requires the translation of …

The Tea Party And The Constitution, Christopher W. Schmidt

UC Law Constitutional Quarterly

This Article considers the Tea Party as a constitutional movement. I explore the Tea Party's ambitious effort to transform the role of the Constitution in American life, examining both the substance of the Tea Party's constitutional claims and the tactics movement leaders have embraced for advancing these claims. No major social movement in modern American history has so explicitly tied its reform agenda to the Constitution. From the time when the Tea Party burst onto the American political scene in early 2009, its supporters claimed in no uncertain terms that much recent federal government action overstepped constitutionally defined limitations. A …

Funding Gideon's Promise By Viewing Excessive Caseloads As Unethical Conflicts Of Interest, Heidi Reamer Anderson

UC Law Constitutional Quarterly

Some states recently have attempted to legislate around a defendant's constitutional right to effective assistance of counsel via a novel two-step method. Step one is to allocate insufficient funds for public defense, which results in excessive caseloads for public defenders. Step two-the step that has slipped by without sufficient notice or criticism-is to bar a public defender from withdrawing from representation based on his excessive caseload. Ultimately, this statutory two-step further entrenches the systematic deprivation of defendants' Sixth Amendment rights to effective assistance.

In this article, I urge courts to "constitutionalize" the excessive caseload problem via two steps of their …

The Distance Imperative: A Different Way Of Thinking About Public Official Corruption Investigations/Prosecutions And The Federal Role, Norman Abrams

Loyola University Chicago Law Journal

No abstract provided.

Derivatives: A Twenty-First Century Understanding, Timothy E. Lynch

Loyola University Chicago Law Journal

Derivatives are commonly defined as some variation of the following: financial instruments whose value is derived from the performance of a secondary source such as an underlying bond, commodity, or index. This definition is both over-inclusive and under-inclusive. Thus, not surprisingly, even many policy makers, regulators, and legal analysts misunderstand them. It is important for interested parties such as policy makers to understand derivatives because the types and uses of derivatives have exploded in the last few decades and because these financial instruments can provide both social benefits and cause social harms. This Article presents a framework for understanding modern …

Simulations In Clinics, Contract Drafting, And Upper-Level Courses, Carole O. Heyward, David M. Epstein, Helen S. Scott, Daniel B. Bogart

Law Faculty Articles and Essays

I teach in a transactional clinic called the Urban Development Law Clinic. In my Clinic, we represent non-profit tax-exempt organizations that engage in real estate, economic, and community development. Some of our clients include Greater Cleveland Habitat for Humanity and Karamu House, which is a theater and community arts center. We serve as general counsel for some clients and provide legal advice on an as needed basis for others. The Clinic provides legal advice on real estate matters, corporate governance, transactions, and tax issues. The complexity of matters that we handle ranges from drafting a code of regulations to representing …

New Professional Opportunities For Women: Nursing, Teaching, Clerical, Sara L. Kimble

School of Continuing and Professional Studies Faculty and Staff Works

No abstract provided.

Silencing The Public's Voice: The Adverse Effects Of Mountain Communities For Responsible Energy V. Public Service Commission Of West Virginia, Michelle Green

West Virginia Law Review

No abstract provided.

(Re)Complexioning A Simple Tale: Race, Speech, And Colored Leadership, Angela Mae Kupenda

Journal Articles

Rather than acting as a whitening agent, the law should reflect the natural (re)complexioning of society and adapt to the melting pot that is America. The term "(re)complexioning" is used because the idea that the complexion of America was white at the beginning is false. Prior to the "discovery" of America, native citizens were indeed more deeply complexioned than Whites. Any (re)complexioning of the law since, to reflect the colors of America, then, is just to resort to the recognition of factual premises unjustly rejected when America was usurped from those of color and denied to others of color after …